The analysis of conceptual and applicative issues related to restorative justice in cases of gender-based harms is a well-known theme within the restorative justice scholarship. Yet there is still much to be said particularly on the broader contextual fault-lines of doing restorative justice in a gender-unequal world.
Hudson, B. (1998). Restorative Justice: The Challenge of Sexual and Racial Violence, Journal of Law and Society, 25(2), 237–256.
Abstract
‘In particular, assumptions that dangerous offenders are few and that the meaning of a harmful act is negotiable between perpetrators and victims are called into question. The symbolic function of criminalization and penalization is discussed, and the author considers whether strategies suggested by recent proponents of forms of abolitionism and restorative justice can satisfy doubts about the adequacy of earlier abolitionist formulations in relation to both symbolic and instrumental functions presently served by criminal law. While calls for further criminalization and penalization of racial, sexual, and domestic violence are understandable, the abolitionist case that retributive justice is more likely to increase rather than to reduce such violence and to leave victims unsatisfied is defended’
Commentary
A now classic critique of restorative justice and how this deals with racial, sexual, and domestic violence, from a radical, penal abolitionist perspective.
Grauwiler, P. and Mills, L.G. (2004) Moving Beyond the Criminal Justice Paradigm: A Radical Restorative Justice Approach to Intimate Abuse, The Journal of Sociology & Social Welfare, 31(1), 49-69
Abstract
‘This article traces the history of the development of the treatment of domestic violence as a crime in the United States and the conceptual and practical limitations of this approach in addressing this important social issue. An extensive body of research on restorative justice practice suggests that restorative approaches may contribute to reducing and preventing family violence. Drawing on restorative justice principles, an alternative or supplement to criminal justice approaches is outlined for working with all parties involved in abusive relationships’.
Commentary
A critique of how mainstream criminal justice responds to domestic violence, proposing restorative justice as a more effective gender-conscious alternative.
Daly, K. and Stubbs, J. (2006) Feminist theory, feminist and anti-racist politics, and restorative justice, G. Johnstone and Daniel van Ness (eds.), Handbook of Restorative Justice. Cullompton: Willan Publishing.
Abstract
”Feminist engagement with restorative justice (RJ) takes several forms, and this chapter maps five areas of theory, research and politics. They are: theories of justice; the role of retribution in criminal justice; studies of gender (and other social relations) in RJ processes; the appropriateness of RJ for partner, sexual or family violence; and the politics of race and gender in making justice claims. There is overlap among the five, and some analysts or arguments may work across them. However, each has a particular set of concerns and a different kind of engagement with RJ.’
Commentary
How restorative justice deals with patriarchal structures in society and how these translate into specific harms and destructive relational dynamics is a highly debated area of study. This article sets the scene of this subject from a feminist perspective.
Cameron, A. (2006). Stopping the violence: Canadian feminist debates on restorative justice and intimate violence. Theoretical Criminology, 10(1), 49-66.
Abstract
‘This article maps out the current literature and trends in Canada in the area of restorative justice and intimate violence. It focuses on feminist and women-centred approaches to the debates and controversies in this area. The article concludes with a recommendation for a moratorium on new restorative justice initiatives dealing with intimate violence.‘
Commentary
A useful review of the literature in this specific field, looking at Canada particularly.
van Wormer, K. (2009), Restorative Justice as Social Justice for Victims of Gendered Violence: A Standpoint Feminist Perspective, Social Work, 54(2), 107–116
Abstract
‘This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women’s victimization are victim- offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.’
Commentary
A sympathetic critique of restorative justice in cases of gendered violence, namely sexual violence against women. From a feminist standpoint Van Wormer reflects on which restorative practices align best to women sexually victimised, providing more generally some precious insights into alternative non-patriarchal ways of dealing with this type of harm.
Deer, S., & Barefoot, A. (2018). The limits of the state: Feminist perspectives on carceral logic, restorative justice and sexual violence, Kansas Journal of Law and Public Policy, 28, 505-526.
Abstract
‘The American criminal justice system (CJS) is subject to myriad critiques, nearly all of which conclude that our society still has far too many victims and far too many prisoners. The crime of sexual assault brings special concern, because despite decades of CJS reform, most victims never see their perpetrators held accountable. While there have been considerable efforts to develop alternatives to the CJS, these alternatives have rarely been used in the context of sexual violence. Indeed, there is a clear hesitancy to adopt alternatives that might‘
Commentary
Another excellent example of the feminist critique to restorative justice and its relations with the criminal justice system.
Turner, J. (2019). Race, gender and restorative justice: Ten gifts of a critical race feminist approach. Rich. Pub. Int. L. Rev., 23, 267.
Excerpt
‘At this moment, we have not yet reached the time invoked in the epigraph where punishment, violence, and oppression have been eradicated because of “what the people did to break the silence.”2 But, this is a time when silences are being broken. In this moment, largely because of the efforts of the Movement for Black Lives and multiple #MeToo campaigns, United States society is increasingly aware of the realities of racialized police violence against people of color; and a continuum of sexual violence and harm that disproportionately affects women and girls of color, as well as queer and trans people of color.3 These and other forms of interpersonal and institutionalized viol’
Commentary
One of the few intersectional studies on restorative justice. An updated discussion from a perspective which demands more consistent engagement from scholars and the restorative justice movement.
Hogdson, J. (2022) Gender, Power and Restorative Justice : A Feminist Critique – Critical Criminological Perspectives, London, Palgrave
Abstract
‘This book ties restorative justice into the exercise of patriarchal power. It is focused on the individual narratives of 15 girls and young women who have participated in a victim-offender restorative justice (RJ) conference and the perspectives of youth justice practitioners. Gender, Power and Restorative Justice expands feminist engagement with RJ by focusing critical attention on the importance of the social construction of gender, the exercise of power, shame, stigma, muting and resistance to girls’ experiences of RJ conferencing. Drawing upon recent developments to the sociology of stigma and feminist perspectives on shame, the book contends that RJ conferencing can produce harmful implications for girls and young women who participate. Ultimately it is argued that anti-carceral, social policy alternatives, underpinned by feminist praxis, should replace a youth justice jurisprudence for girls. This book will be of particular use and interest to those studying modules on criminology, youth justice, criminal justice and social work courses.’
Commentary
A very interesting and timely critique of restorative justice and its relationship with young women, from a critical criminological perspective.
Cocker, D. and Gonzalez, T. (2022) A Call for an Intersectional Feminist Restorative Justice Approach to Addressing the Criminalization of Black Girls, St. John’s Law Review, 95(4) 977-997
Excerpt
‘…In this Article we focus our attention on school-based restorative justice (“RJ”) as presenting a critical area for embedding intersectional frameworks and approaches at the levels of movement, practice, policy, and law reform. RJ is a primary intervention to prevent youth criminalization in schools. RJ has been adopted in school contexts with positive outcomes ranging from diminished reliance on punitive discipline to promoting protective health factors. Though the empirical literature is limited, this Article draws on three studies to underscore the potential of RJ to place Black girls at the center of what should be the anti-criminalization and RJ discourse. This Article concludes with a call for research that further examines the efficacy of RJ to promote the well-being of Black girls….’
Commentary
An excellent, thoughtful interrogation of a rather still unexplored area, providing critical insights into what restorative justice does and can do to counter the criminalisation of young Black girls, with a focus on the US. Gonzalez over the last decade has produced fantastic papers on restorative justice and school discipline, see e.g. Thalia González, ‘Restorative Justice From the Margins to the Center: The Emergence of a New Norm in School Discipline, 60 How. L.J. 267 (2016)’.
Stubbs, J. (2010). Restorative justice, gendered violence, and Indigenous women. Restorative justice and violence against women, 103-122 in J Ptacek (ed) Feminism, restorative justice and violence against women, New York, Oxford University Press.
Excerpt
‘This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence. It identifies theoretical and empirical limitations to the capacity of generic models of RJ to promote victim interests for such offences. Part 2 considers gendered violence in Indigenous communities and notes that research and commentary often fails to recognise Indigenous women‟s need and interests. It concludes that the best way forward is to move beyond oppositional contrasts between RJ and criminal justice to develop hybrid models that adopt anti-subordination as a principle, supported by the requisite resources to protect that end, in working towards safe and just outcomes.’
Commentary
A very interesting, critical intersectional take on restorative justice and gendered violence from a renowned scholar who has significantly contributing to drawing scholars’ attention to this subject.
Wemmers, J.-A., Parent, I., & Lachance Quirion, M. (2022). Restoring victims’ confidence: Victim-centred restorative practices. International Review of Victimology https://doi.org/10.1177/02697580221128830
Abstract
‘Victimization, and in particular sexual violence, undermines victims’ confidence and self-esteem. Victims often feel guilty and blame themselves for what happened. Fearing negative reactions, victims of sexual violence are often reluctant to report the crime to police. When victims do report to the police, the criminal justice process is often difficult and most sexual violence cases do not end in a conviction. Restorative practices (hereafter RP) have been presented both as a possible alternative and a complement to the criminal justice process, which could improve victims’ experiences. However, there is also considerable resistance to the use of RP in cases of gender-based violence. Using a victim-centred lens, in which it is seen as a reaction to victimization that aims to address the needs of the victim and allow them to advance in their healing process, we examine RP. Based on semi-structured interviews with 18 victims of sexual violence in Canada who participated in RP, we explore the healing potential for victims. We conclude that for victims of sexual violence, victim-centred RP should be viewed as a tool for victim support and not only as another tool in the criminal justice toolkit.‘
Commentary
A recent empirical study on the use of restorative justice for victims of sexual violence, critically arguing that restorative practices should not simply enrich the criminal justice toolbox, but become an instrument of victims’ support.
Marinari, A. (2020). Restorative justice for survivors of sexual abuse. Policy Press.
Excerpt
‘Integral to sexual abuse survivors’ healing is understanding the nature of their abuse.
Drawing on interviews, this book gives a voice to survivors and illuminates how restorative justice processes can meet their justice needs. With a unique focus on the people around the survivor rather than on the abuser, it addresses the harm caused to survivors by those who enable their abuse, who fail to protect them, or fail to believe them. Marinari offers radical solutions for the development of restorative justice programs and policy initiatives …‘
Commentary
A brief and very interesting book on restorative justice and sexual violence, focussing on survivors’ experiences of sexual abuse and the role of restorative interventions
Scheuerman, H. L., & Keith, S. (2022). Experiencing Shame: How Does Gender Affect the Interpersonal Dynamics of Restorative Justice? Feminist Criminology, 17(1), 116–138
Abstract
‘Although reintegrative shaming theory suggests that, in comparison to males, females are more interdependent and thus susceptible to reintegrative rather than disintegrative shaming, it is unclear how gender affects the type of shame experienced when considering interpersonal dynamics within restorative justice conferences. The involvement of the community within these conferences may affect how offenders are viewed, especially when considering the stigma female offenders experience for violating legal and gender norms. Using data from the Reintegrative Shaming Experiments, we find that interdependency conditions how gender affects the experience of shaming based on the type of others with whom offenders are interdependent.’
Commentary
Whilst ‘shaming’ is widely (though not unanimously) considered one of the key dynamics taking place in effective restorative conferences, limited research has been conducted on how this moral emotion interacts with personal differences, such as gender. This original paper fills this gap providing interesting insights into the subject
Keenan, M. and Zinsstag, E (2022) Sexual Violence and Restorative Justice. Oxford: OUP.
Abstract
‘Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.’
Commentary
A comprehensive study on sexual violence and restorative justice which combines clinical experience and reserach work, providing some interesting insights into this field.
Sardina, A., & Ackerman, A. R. (2022). Restorative Justice in Cases of Sexual Harm. CUNY L. Rev., 25, 1.
Abstract
‘Restorative justice for cases of sexual harm offers a trauma-informed and evidence-based approach to healing and prevention that current criminal legal options do not. The literature is clear that current sex crimes policies and practices have been ineffective at reducing rates of sexual violence. Similarly, current criminal legal practices fail to hold people accountable for the sexual harms they’ve caused and do little to support survivors who come forward. Unlike the criminal legal system, restorative justice provides survivors with a safe platform within which to talk about their experience(s) of sexual harm on their terms and voice their individual needs and desires regarding true accountability. The process offers those who have caused sexual harm to take responsibility for their actions, to engage in an educative process that helps them understand the impacts of the trauma they inflicted and engages them in taking concrete actions to remain accountable to and to make authentic, sustained amends. This Article discusses the impacts of the criminal legal system on individuals who have been sexually harmed, explains underreporting, police interactions, and case attrition. Part II frames the reasons why post-conviction sex crimes policies are ineffective at reducing rates of sexual offending or addressing the needs of individual who have experienced sexual harm. Part III explains the root causes of sexually harmful behavior. Part IV sets the stage for an introduction to restorative justice. Part V expands on the authors’ individual journeys to restorative justice as sex crimes experts and rape survivors. Part VI focuses exclusively on restorative justice as a means to address sexual harm. Lastly, Part VII concludes with the hope of a restorative future.’
Commentary
An interesting and passionate critique of how criminal justice systems today, particularly in the US, fails to respond to sexual violence effectively, generating a demand for alternative (restorative) interventions
“Feminism is the struggle to end sexist oppression. Therefore, it is necessarily a struggle to eradicate the ideology of domination that permeates Western culture on various levels, as well as a commitment to reorganizing society so that the self-development of people can take precedence over imperialism, economic expansion, and material desires.”
Bell Hooks